6 Loren Veltkamp Variance Request
CITY OF
CIlANllASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
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Phone: 952.227.1130
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Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Josh Metzer, Planner I A~ .'"
August 14, 2006 '<S~
b
-
LOREN VELTKAMP - Request for 22-foot and IS-foot front yard
setback Variances for the expansion of the second level of a home with
nonconforming setbacks - Planning Case 06-25
On July 18, 2006, the Planning Commission confirmed Planning Staff's
interpretation that the applicant has been renting the property and voted to deny
the requested variances. The applicant has appealed those decisions to City
Council. This is a request for 22-foot and IS-foot front yard setback Variances for
the expansion of the second level of a home on a comedot with nonconforming
setbacks.
The Planning Commission continued the public hearing on July 18, 2006, 0 review
the proposed variance. The Planning Commission moved to concur with the
Planning Staff's ret' a 4 us Trail, Loren
Veltkamp, has bee r y
Rental Dwelling Ll es, Section 1 7, R ng. All vote
and the motion carried unanimously with a v The Planning
Commission voted 6 to 0 to deny t ances for the expansion
of the second level of the home becau easonable use of the
property and has not demonstrated a ip. TheJuly 18, 2006 Planning
Commission minutes are item la ofth City Council packet.
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
DATE:
SUBJ:
EXECUTIVE SUMMARY
ACTIONREQIDRED
. res a majority of City Council present.
PLANNING COMMISSION SUMMARY
Todd Gerhardt
Veltkamp Variance - Planning Case 06-25
August 14,2006
Page 2
RECOMMENDATION
Planning Commission recommends the adoption of Motion A confirming the interpretation that
the applicant has been renting the property and Motion B denying the requested variances as
specified on page 6 in the staff report dated August 14, 2006.
ATTACHMENT
1. Subject Property Photos.
2. Fax from Carver County Sheriff's Office dated June 22, 2006.
3. Revised Planning Commission Staff Report dated August 14,2006.
g:\plan\2006 planning cases\06-25 veltkamp variance\executive summary.doc
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PC DATE: JYR8 29 July 18, 2006
w
CITY OF CHANHASSEN
CC DATE: Jyl~' 19 August 14, 2006
REVIEW DEADLINE: Jyl:,' 18
September 16, 2006
CASE #: 06-25
BY: JM
STAFF REPORT
PROPOSAL: Request for 22-foot and IS-foot front yard setback Variances for the expansion of
the second level of a home with nonconforming setbacks.
LOCATION: 6724 Lotus Trail
Chanhassen, MN 55317
APPLICANT: Loren Veltkamp
6724 Lotus Trail
Chanhassen, MN 55317
PRESENT ZONING: Single Family Residential (RSF)
2020 LAND USE PLAN: Residential- Low Density (Net Density Range 1.2 - 4u/Acre)
ACREAGE: 0.35 acres
DENSITY: NA
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SUMMARY OF REQUEST: Request for 22-foot and IS-foot front yard setback Variances for
the expansion of the second level of a home with nonconforming setbacks. Staff is recommending
afl]3F€l':aI denial of the request.
Notice of this public hearing has been mailed to all property owners within 500 feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City's discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi judicial decision.
Location Map
Veltkamp Variance
Planning Case No. 06-25
6724 Lotus Trail
City of Chanhassen
SUBJECT
PROPERTY
Lotus Lake
Veltkamp Variance
Planning Case #06-25
"TWUJ 2() }uly lE August 14,2006
Page 2 of8
SUMMARY OF PROPOSAL
The applicant is requesting variances to expand a second story of a nonconforming structure.
The site is a comer lot located west of Lotus Lake at 6724 Lotus Trail and is zoned Residential
Single Family, RSF. Access to the site is gained via Lotus Trail. The existing structure has an 8-
foot setback from Lotus Trail and a IS-foot setback from Tamarack Road (paper street). The
ordinance requires a 30-foot setback from all front property lines. The requested addition
constitutes the intensification of nonconformity. Section 20-72(a) states, "There shall be no
expansion, intensification, replacement, structural change, or relocation of any nonconforming
use or nonconforming structure except to lessen or eliminate the nonconformity."
Tamarack Road serves as a pedestrian access to Lotus Lake for the Carver Beach neighborhood.
There are no plans for future improvement of Tamarack Road for use as a public street.
APPLICABLE REGUATIONS
Sec. 20-72. Nonconforming uses and structures.
Sec. 20-615. Lot requirements and setbacks.
(6) The setbacks are as follows:
a. For front yards, 30 feet.
M.S. 462.357 Subd. Ie. Nonconformities
(a) Any nonconformity, including the lawful use or occupation of land or premises existing at
the time of the adoption of an additional control under this chapter, may be continued,
including through repair, replacement, restoration, maintenance, or improvement, but not
including expansion, unless:
(2) any nonconforming use is destroyed by fire or other peril to the extent of greater than
50 percent of its market value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, the city may impose reasonable
conditions upon a building permit in order to mitigate any newly created impact on
adjacent property.
Dwelling unit means one or more rooms which are connected together as a single unit
constituting complete, separate and independent living quarters for one or more persons,
physically separated from any other room or dwelling unit which may be in the same building
and containing permanent cooking, eating, sleeping and sanitary facilities for the exclusive use
of a single family maintaining a household.
Rental dwelling. As used in this article, the term "rental dwelling" shall mean any rental
dwelling with one or more living units.
Veltkamp Variance
Planning Case #06-25
Jtme 2f/ }uly !. 8 August 14, 2006
Page 3 of8
BACKGROUND
The subject property is composed of portions of 12 separate lots which were created as part of the
Carver Beach subdivision which was recorded in 1927. These lots have been combined under one
parcel identification number with Carver County. The home was built in 1927 and has
nonconforming setbacks.
On June 24, 1991, the City Council approved the combination of three substandard lots into two
lots with lot areas of 13,550 and 11,326 (subject property) square feet and to allow the
construction of a single-family home on the 13,550 square-foot lot.
On February 23, 2006 the roof and majority of the second level of the existing home were
destroyed by fire. Chanhassen City Code and Minnesota State Statute permit the reconstruction
of nonconforming structures destroyed by fire. As long as the structure is rebuilt as it existed
before fire damage, no variance is required.
Building Permit Historv:
.
Permit #9700952: Garage Addition, Second Level Addition, Front Deck. Approved and
issued 7-23-98.
.
Permit #0201836: Second Level Egress Dormer & Balcony Addition. Approved and issued
9-26-02.
These permits were issued in error in that the additions intensify the existing nonconforming 30-foot
setback from Tamarack Road.
The home contains at least six bedrooms, three bathrooms and three kitchens (there is one
bathroom and one kitchen on each level of the home). The kitchen on the second level of the
home was installed without permits. The City has become aware that the applicant is renting
bedrooms in the home to numerous tenants. The sheriff's report regarding the fire noted that
three family units were living in the home for a total of five full-time tenants and one part-time
tenant. The City feels the only need for the use of three kitchens is to allow the applicant the
ability to rent to as many tenants as possible. Staff has informed the applicant that the kitchen on
the second level will not be permitted as part of the home reconstruction.
If the applicant is granted the variance for the expansion of the second level, staff is
recommending a condition of approval be added stating that the applicant shall be required to
obtain a rental license. In addition, the applicant shall comply with City animal regulations and
licensing requirements.
ANALYSIS
The applicant is requesting two front yard setback variances for a second-level addition to an
existing home with nonconforming setbacks. The proposed second-level addition is located on a
portion of the home which encroaches upon the front yard setbacks of Lotus Trail and Tamarack
Veltkamp Variance
Planning Case #06-25
}~ilg ]61 Jndy 1 g August 14, 2006
Page 4 of8
Road; therefore, two front yard setback variances are required in order to complete the proposed
addition.
The applicant has not demonstrated a hardship, has reasonable use of the property and has
an alternative process to secure a rental license, therefore, staff is recommending ~}}r€l"al
denial of this request. R~/ f88€lmnl81Utillg a}}flF€}':al €lf tk8 ':arian88 f@El\l88t th8 City ';:ill b8 b8tt@f
abl@ t€l 811l@!@@ tft8 Cit~/ C€l€l@ tkr€l\lgh tk8 atta@ftm@llt €lf 8€llleliti€l1l8 a}}}}f€l':al €lf tk8 ':man8@.
VARIANCES GRANTED WITHIN 500 FEET OF SUBJECT PROPERTY
Address Variance File Number Variance
6699 Hopi Road 84-9 17-foot and 30-foot front yard setback variances
for the construction of a home and garage addition
6800 Ringo 85-8 12.7-foot front and 6.9-foot rear yard variances
Drive for the construction of a single-family home
25-foot front yard setback variance for the
6728 Lotus Trail 86-7 construction of a garage and a 10-foot front yard
setback variance for the construction of a deck
Combination of three substandard lots into two
6724 Lotus Trail 91-6 lots with lot areas of 13,550 and 11,326 square
feet and to allow the construction of a single
family home on the 13,550 square foot lot
Request for an 8-foot front yard setback and
6724 Lotus Trail 94-7 hard surface coverage variance for the
construction of an attached garage
DENIED
6711 Hopi Road 97-12 2-foot side yard setback variance for the
construction of a detached garage
5.2-foot side yard, 1.2-foot side yard and 1 % hard
6640 Lotus Trail 98-14 surface coverage variances for the construction of
a home addition
6712 Hopi Road 00-3 16.5-foot rear yard setback variance for a garage
addition
767 Carver 6-foot front yard setback and 8.33% hard surface
Beach Road 03-2 coverage variances for the construction of a single-
family home
The revised registered land survey submitted as a part of this variance application revealed that the
current hard surface coverage on the subject property is 31.29%. The ordinance allows a
Veltkamp Variance
Planning Case #06-25
}unz 2(J }u[;y 18 August 14,2006
Page 5 of8
maximum of 25% coverage in the RSF district. The cause of the nonconforming hard surface
coverage is expansion of the driveway over the past ten years. This expansion was likely made
to accommodate the parking of tenants' vehicles. Staff is recommending the applicant be
required to reduce the hard surface coverage of the lot to 25% or less to comply with ordinance.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
1. That the literal enforcement of this chapter would cause undue hardship. For purposes of
the definition of undue hardship, reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that in developed neighborhoods preexisting
standards exist. Variances that blend with these preexisting standards without departing
downward from them meet these criteria.
Finding: The literal enforcement of this chapter would not cause undue hardship. The
literal enforcement of this chapter allows the applicant to rebuild the home without the
need for a variance as it existed before the fire damage. The applicant has reasonable use
of the property and has not demonstrated a hardship.
2. That the conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Finding: The conditions upon which this variance is based are applicable to all properties
that lie within the Single Family Residential District.
3. That the purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The proposed variation is based on a desire to impf€lY@Bi@RtB increase the value
of the property.
4. That the alleged difficulty or hardship is not a self-created hardship.
Finding: The applicant will be able to rebuild the home as it was constructed before the fire
damage; therefore, the alleged hardship is self-created.
5. That the granting of the variance will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel of land is located.
Finding: The granting of a variance will fi@t be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel is located due to the
nearness of the structure to the public ~ right-or-way. Vhth @€lJHiiti€lfl.8 €lf aflPf€l~:al the
City '.'."ill B@ Bett€lr RBl@ t€l @Rf<€lf@@ th@ Cit;. C€l8e.
Veltkamp Variance
Planning Case #06-25
}wu 2&1 July 13 August 14, 2006
Page 60f8
6. That the proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or decrease visibility
or site distances, or increases the danger of fire, or endanger the public safety or
substantially diminish or impair property values within the neighborhood.
Finding: The proposed variation will ft@t impair an adequate supply of light to adjacent
property or increase the danger of fire within the neighborhood due to its close proximity to
property lines.
RECOMMENDA TION
Planning Commission recommends that the City Council adopt the following motions:
A. "The PlaRRiRg C8mnll88i8R City Council concurs with the Planning Commission and
Planning Staffs' interpretation that the owner of property at 6724 Lotus Trail, Loren Veltcamp,
has been renting the property as defined in the City Code Article VIII Rental Dwelling Licenses
Sec10-217 Rental Dwelling."
B. "The PlaRRiRg C8mmi88i8R City Council denies the variance for 22-foot and IS-foot front
yard setback variances for the expansion of the second level of a home with nonconforming
setbacks in the Single Family Residential (RSF) District at 6724 Lotus Trail based on the findings
of fact contained in this staff report and the following:
1. The applicant has reasonable use of the property.
2. The applicant has not demonstrated a hardship.
3. There is an alternative process to secure a rental license."
Should the City Council choose to approve this request, staff recommends that the PhmRiRg
C8mmi88i8R City Council adopt the following motion:
C. "The PlanRiRg C8mmi8si8R City Council approves the variance for 22-foot and is-foot front
yard setback variances for the expansion of the second level of a home with nonconforming
setbacks in the Single Family Residential (RSF) District at 6724 Lotus Trail based on the findings
of fact in the staff report and the following:
1. A building permit is required.
2. Application for a building permit must include:
a. Building plans and documents of sufficient detail to allow plan review and show
compliance with current building codes.
Veltkamp Variance
Planning Case #06-25
}UHB 2g }uly 1 B August 14, 2006
Page 70f8
b. Given the previous structure's extent of fire damage, such documents must include a
structural engineer's evaluation and approval of the re-use of any of the remaining
structure or materials.
Side-note: A structural engineer did evaluate the remaining structure (see attached report
from "Ulteig Engineers"), however, the purpose of their report is only to determine the
possibility of rebuilding the structure with a second story over a portion of it. The report
contains no specific approvals of any existing materials or assemblies nor any designs for
those areas requiring corrective measures (such approvals and designs, by a structural
engineer, are required). Further, the report requires any second story to be designed by a
structural engineer.
c. Structural engineer must design any reconstruction, remediation, repair or augmentation,
they consider necessary, of the existing structure.
d. A structural engineer's design, opinion, consideration or approval may be required
throughout the construction process.
3. Erosion control blanket should be installed on all exposed slopes greater than or equal to 3: 1.
All exposed soil areas should have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Steeper than 3: 1
10:1 to 3:1
Flatter than 10: 1
Time
7 days
14 days
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
4. Disturbed areas shall have compacted soils ripped or tilled to a depth of greater than 6 inches
and should have a minimum of 4" of topsoil or black dirt prior to stabilization.
5. Street cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
6. Construction crews and vehicles shall keep construction waste on site. This includes
construction waste in the form of debris, erosion and concrete washout from trucks and tools.
7. The applicant shall be required to obtain a rental license.
8. The applicant must reduce the property's hard surface coverage to 25% or less.
9. The property may have a maximum of four vehicles parked outdoors at all times.
10. The applicant must permanently remove all kitchen and cooking equipment from the second
level.
11. A maximum of two licensed dogs may be permitted on the property."
Veltkamp Variance
Planning Case #06-25
lwu 2(,) }uly 13 August 14,2006
Page 8 018
Should the Plooftiftg Cemmi88ieft City Council choose to deny this request, the applicant does
have the alternative to apply for a variance to use a single-family dwelling as a two-family
dwelling. Should the applicant choose to seek such a variance, a separate application must be
filed but would provide a legal means for the use of one additional rental unit. The ordinance
regulating the use of a single-family dwelling as a two-family dwelling can be found on page 8
of the "Applicable Regulations" attachment.
ATTACHMENTS
1. Findings of Fact.
2. Development Review Application.
3. Letter from Loren Veltkamp stamped "Received May 19,2006."
4. Registered Land Survey.
5. Building Plans.
6. Structural Engineer Report by Ulteig Engineers stamped, "Received May 5, 2006."
7. Structural Engineer Report by Ulteig Engineers stamped, "Received May 26,2006."
8. Carver County Sheriff's Report.
9. Public Hearing Notice and Affidavit of Mailing.
g:\plan\2006 planning cases\06-25 veltkamp variance\cc staff report,doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Loren Veltkamp for 22-foot and IS-foot front yard setback
Variances for the expansion of the second level of a home with nonconforming
setbacks. Two setback variances will be required because the property is a comer
lot. The site is located in the Single-Family Residential (RSF) District - Planning
Case No. 06-25.
On July 18,2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Loren Veltkamp for 22-foot and IS-foot front yard setback
Variances for the expansion of the second level of a home with nonconforming setbacks. Two
setback variances will be required because the property is a comer lot. The site is located in the
Single-Family Residential (RSF) District at 6724 Lotus Trail. The Planning Commission
conducted a public hearing on the proposed variances that was preceded by published and mailed
notice. The Planning Commission heard testimony from all interested persons wishing to speak
and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential - Low Density (Net Density
Range 1.2 - 4u/Acre).
3. The legal description of the property is: See Attached Register Land Survey.
4. The Board of Adjustments and Appeals find the following facts:
a. Literal enforcement of this chapter would not cause an undue hardship. The applicant
has reasonable use ofthe property.
b. The conditions upon which this variance is based are applicable, generally, to other
properties in the Single Family Residential district.
c. That the purpose of the variation is based upon a desire to increase the value or income
potential of the parcel of land.
d. The alleged difficulty or hardship is a self-created hardship.
e. The granting of the variance will be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel of land is located.
1
I
f. The proposed variation will impair an adequate supply of light and air to adjacent property
or substantially increase the congestion of the public streets or increase the danger of fire or
endanger the public safety or substantially diminish or impair property values within the
neighborhood.
5. The planning report #06-25 Variance dated July 18,2006 as amended, prepared by Josh
Metzer, et al, is incorporated herein.
ACTION
The Planning Commission denies the request for 22-foot and IS-foot front yard setback
Variances for the expansion of the second level of a home with nonconforming setbacks.
ADOPTED by the Chanhassen Planning Commission on this 18th day of July, 2006.
CHANHASSEN PLANNING COMMISSION
BY:
Its Chairman
g:\plan\2006 planning cases\06-25 veltkamp variance\findings offact,doc
2
CITY OF CHANHASSEN
7700 Market Boulevard -P.O; Box 147
Chanhassen, MN 55317 - (952) 227-1100
.... '
Planning Case No. 0(0 - .J..c)
CITY OF CHANHASSEN
RECEIVED
DEVELOPMENT REVIEW APPllCA liON
MAY 1 9 2006
CHANHASSEN PLANNING OEPT
PLEASE PRINT
Applicant Name and Address:
L.~A 'Ve/lR2Wp
!f6l(n ~~ <::..t--
e.-\..v?, s. <r -1., M.tV.
Owner Name and Address:
5 2V\r-f ~
Contact:
Phone: 4tt~ ~<j ~c, ~ Fax: 5 2 ~ ~
Email: ~JA c(e5L>v\ (O~ ~{tr;hr" (WV\
Contact:
Phone:
Email:
Fax:
NOTE: Consultation with City staff is required prior to submittal, including review of development
plans
Comprehensive Plan Amendment
, Teml?orary Sales Permit
Interim Use permU (IUP)
,~ Vacation of Right-of-Way/Eas~ments (VAC)
>< Variance (V AR)
Conditional Use Permit (CUP)
Y Non-conforming Use Permit
Wetland Alteration Permit (WAP)
Planned Unit Development*
Zoning Appeal .
Rezoning
Zoning Ordinance Amendment
Sign Permits
Sign Plan Review
Notification Sign -$200
(City to install and remove)
Site Plan Review (SPR)*
X Escrow for Filing Fees/Attorney Cost~"!
-$50 CUP/SPRlV ACNARlWAP/Metes,& Bounds
- $450 Minor SUB ~
Subdivision*
.,
TOTAL FEE $
An a~ditional fee of $3.00, per address within the public hearing notification area will, be invoiced to the applicant
prior to the public hearing. ,. ,
*Sixteen (16) full-size folded copiesoUhe plans must be submitted, including aIl8:'h"X 11"
reduced copy for each plan sheet along with a diaital copy in TIFF-Group 4 (*.fif) format.
**Escrow will be required for other applications through the development contract.
Building material samples must be submitted with site plan reviews.
NOTE: When multiple applications are processed, the appropriate fee shall be chargec:l for
each application.
$CANnED
PROJECT NAME: &t724 ~()~s. \\J~. ~fG,Q..e.-SW3-\-t~,'
LOCATION: ((272~ ~~ \\i-L
LEGAL DESCRIPTION: 5 F2..
TOTAL ACREAGE: J:J
WETLANDS PRESENT:
YES
k NO
PRESENT ZONING:
S "'F ft
~;>VVte~
REQUESTED ZONING:
PRESENT LAND USE DESIGNATION:
REQUESTED LAND USE DESIGNATION:
rt'-<: {q-
REASON FOR REQUEST:
O{
A determination of completeness of the application shall be made within 15 business days of application submittal. A written
notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
This is to certify that I am making application for the described action by the City and that I am responsible for complying with
all City requirements with regard to this request. This application should be processed in my name and I am the party whom
the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership
(either copy of Owner's Duplicate Certificate, of Title, Abstract of Title or purchase agreement), or I am the authorized person
to make this application and the fee owner has also signed this application.
I will ~Elepmyself informed of the deadlines for submission of r;naterialand the progress of this application. I further
understand that additional fees may be 'charged for consulting fees; feasibility 'studies, etc. with an" estimate prior, to 'any
authorization to proceed with the study. The documents and information I have submitted are true and correctto the best of
my knowledge.
P;; ) "vvV
Signatl,Jre qf FEle Owner
Date
<<a~w.~~8
G:\pLAN\forms\Development Review Application.DOC
Rev. 12105
Variance request for6724 Lotus Trail, Chanhassen.
History: Owner Loren Veltkamp has lived in Chanhassen for 15 years and previously doubled the square
footage of his home without needing a variance. This request for variance arises from a fire where the roof
and half of the second story was consmned. Now we are left with an opportunity to make changes ifit
seems good to do so.
This request does not seek to expand owner's buildable foot print by even one foot, Or increase his liveable
square footage. It ollly asks that owner be able to use his present building footprint to hold a full second
story, instead of a partial second story, as many, if not most, surrounding homes do.
The home in question is a lakeshore home, 80 feet from the water, so it may make more sense to compare it
to the other lakeshore type homes on Lotus Lake where it resides and faces these other homes around the
north bay.
/
Wnttenjustification for variance:
a. Literal enforcement of existing codes will cause the following hardships:
I. Owners will not have full and regular use of their upper story. Owners will never have full use of the
property as owners with more modem setback property do. Owners in older areas that predate city' ,
codes should not suffer for having invested in these older homes. They should be able to build w;
others do.
2. Owners will not be able to heat and cool home efficiently costing the owners tens ofthousands of
dollars over the life of the home. This is due to not stacking the living spaces and the storage spaee
properly. Without the variance, living and storage spaces are staggered allowing for heating and
cooling to escape from six directions instead of the usual four.
3. Owner will not have a convenient floor plan, particularly concerning storage issues over garage. This
causes a lot of small problems with personal projects and access to belongs for the rest of the homes
existence. Nmnerous small hassles add up to hardship.
4. Owner will not have access to the best views of the lake from his own property. This is a hardship if
you live on a beautiful lake like Lotus. I personally would rather have good views than an attachl~d
garage, but to each his own.....
5. Owners will never be able to do the right thing with their home that builders are now telling me to do.
6. The set back from Tamarack road is imaginary and completely wmecessary, as Tamarack has bet:n
rendered unusable, but for easements, and soon to be vacated.
b. Carver Beach area was built without any codes originally. Imposing modem codes now creates endless
and weird problems which these older and innocent properties were never designed to accommodate.
Building a regular 2 story house with stacking bathrooms and bedrooms should not require a variance and
normally wouldn't except in Carver Beach the anti-plotting capitol of the universe. The real problem here
is that the city has had sO many paper roads on the books that no one back then knew how to build to :;tay
out of there way. Carver Beach really needs its own set of codes. As for zoning classifications. This is a
regular 2nd story on a regular single family home so there is nothing crossing the zoning goals.
c. The variance would have never been sought except for the fIre that burned the roof off. Now we should
do the best thing for the property and get this behind us.
d. Problems were created by fire and too many paper roads on city books and the shear age of the pro'lerty
dating back to 1926.
e. The granting of this variance will hardly be noticed by anyone. We are going from a single story with
roofto a 2 story with roof. All of which are behind trees most ofthe year. Traditional neighborhood views
are left about 99% intact. No trees are threatened.
f. There is no encroachment in any direction from proposed second story. No lightor air issues. No more
congestion, no height problems, just a regular type second story on an older rambler. '
SCANNED
FRANK R. CARDARELLE
,(612) 941-3031
Land Surveyor
Eden Prairie. MN 55344
Qttttttttati @t i\t~1It'lJ
~ . ,. . . . ..
Survey For Loren , Vel tkamp
6724 Lotus Trail
,... _ q_hl;ln.b",~ 6..em~, MN ,.-.
Book 34:), Page 56
File A 622
./ . t
I
;;l~'
""1. J '
N
Sc~le 1"-..30'
Surface Drainage Arrows
)p.,
_ &.7.;:: ~
,
Tot~l Land Area: 15,373 sq.ft.
HottSr Area: 1,$75 sq.ft.
;, Garage: 69(1- ''l.ft.
Tota 1 2565
Deck: 822 sq.ft.
Driveway:2245 sq.ft.
Grand Total Lan~ Cover 5632 sq. ft. 36.6%
Description:
Lo~s 1170 through and inclusive of Lot 1178 qnd ~hat :p.ar~ of Lot 1179
ly~ng Northerly of a line running from the Nortij'j6stjqorner of said
Lot 1179 to a point on the East line 15.0 feet ~9uthi~~om the Northe,ast
corner of said Lot 1179; also' that part of the :$a;st ]jOt.O feet of Lot
l16~ and all or Lot 11691ying,Northerly of a l~~e r~ppi~9 from a point
on the East line of said Ltlt .1169, a distance ,o:lf 180.0:' !feet:: South of the
Northeast oorner of said Lot 1169 to a point ant/he ~~t Hneof the East
10 feet of said Lot 1168 a, distance of 60.0 feetlou~ of the Northwest
corner of said East 10 feet of Lot 1168 and the~ tel~nating, ~arver
County, Minnesota. ' ' '" . .
SCAI
,;1 horoby ..l\Ify 1h~I!h" 10 .1nlo llIld 001T00' ,"pro.omoUon ol.."",oy ol!ho boundrloo of above de 8 or
'~ '
!':',{'!' 'Carver ::.: .,coun\Y.Mlnno..toondtholooOUonofojtbidl~' 0', ~
n '7' '2 --Dh ..--.
$u",oyodbyinoonlhl. 2nd, day.' September ,1Q~ l'\eV, ~,' .
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Y-05-2006 14:15
ULTEIG MPLS
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7635711168
P.02
Ultei
engineers
rMtIH.,lGlt ....rf.Pt
MEMORANDUM
520.1 E. RNerRoad, Suite 308
Minneapolis, MN 55421-1027
Phone: 763.572.2500
Fax: 763.571.1168
TO:
DATE:
FROM: tJb
PROJECT NUMBER:
RE:
Loren Veltkamp
__~otus...1:AiI-"~
Chanhassen, MN,55317
May 5, 2006
Neil Groon, PE
206.0557
Veltkamp Residence
I hereby certify that this plan, specification or
report was prepared by me or under my direct
supervision and that I am a duly licensed
professional engineer under the laws of the State
of Minn~
-. 4.JC7~__
Neil A. Groon, PE
Minnesota Registration No. 44774
Date: 05/05/06
At the request of Loren Veltkampl Ulteig was asked to perform a structural engineering
inspection of the remaining house structure after a fire damaged the roof, upper, and main floor
of the residence located at 6724 Lotus Trail in Chanhassen, MN. The purpose of this memo is to
report on the fire damaged areas and determine if !:he house strucrure tan be rebuilt with a
second story over the east end. Neil Groon of Ulteig walked through the entire remaining
structure on May 1, 2006, observing exposed elements and those accessible with minimal
removal of finished materials, and noted the following items:
a. The entire remaining second floor sheathing above the west half of the house is
damaged from the fire and water and must be removed and replaced. Also, any other
floor sheathing that is damaged by water must be replaced.
b. Any wood member including wall studs, beams, floor joists, sill plates, etc. that have
more than WI deep penetration of fire damage must be replaced, Some specific
instances include, but are not limited to, the south header over the patio doors in the
main level, the cantilevered second floor joists over the west exterior wall (over the main
level master bedroom), the second floor framing joists around the stair opening, the
main level exterior west wall studs and top sill plate below the damaged cantilever
joists, and some west exterior wall studs for the upper floor above the garage.
c. Other areas requiring corrective measures include cracks in the west block foundation
wall, inadequate connection of the deck to the support colurrms, and verification of
grouted cores below the steel beam bearing points in the east wall.
It is our professional engineering opinion that all members with W' deep penetration of fire
damage must he replaced. It is also determined that an addition may be built over the east half
of the existing structure as long as it is reviewed/designed by a structural engineer and that it
follows all applicable Codes, The structure may experience new settlements under a new
loading configuration which should be accounted for in the layout. Ulteig is available to assist
in the design process of rebuilding and adding on to the existing structure, and offer
recommendations for corrective measures to the west foundation wall, deck support, and steel
beam bearing cases.
Please contact me if you have any questions. Thank you.
env OF CHANHASSEN
MAY 0 5 2006
Minneapolis, MN · Detroit Lakes, MN . F8r~o, ND . Bismarck, ND . Sioux IBUfWIRG DEfJAkIMt:NT
www.u/te.g.com
TOTRL P. 02
I
~h' ,\,AI
-<~r'
MEMORANDUM
Get the job done right
5201 E. River Road, Suite 308
Minneapolis,MN 55421-1027
Phone: 763.571.2500
FaX: 763.571.1168
TO:
Loren Veltkamp
6724 Lotus Trail
Chanhass~n, MN, 55317
May 26, 2006
Neil Groon, PE
206.0557
',V~ltkamp Residence
I hereby certify that this plan, sp ecification or
report was prepared by me or under my direct
supervision and that I am a 'duly licensed
professional engineer under the laws of the State
ofMinndJdvl. ~~
Neil A. Groon, PE
Minnesota Registration No. 44774
Date: OS/26/06
DATE:
FROM:
PROJECT NUMBER:
RE:
I
At the request of Loren Veltkamp, Ulteig was asked to perform a follow-up structural
engineering inspection of the remaining house s~cture after replacing fire damaged portions
of the residence located at 6724 Lohis'Trail in Chanhassen" MN. Neil Groon, PE' of Ulteig first
visited this site on May 1, 2006, and wrote a memo dated May 5, 2006 listing fire damaged areas
and instructed the homeowner to replace members with more than V4" deep penetration of fire
damage. The purpose of this memo is to ensure that the required members were replaced. Neil
Groon, PE of Ulteig walk'€d through the entire remaining structure on May 26, 2006 and noted
the following items:
A. '1"~e :;6",4-" ~.eqJer ~"..Cr +-&>....4. tr<"Ch rJ.,t:;r..lM -l-Le l"It::.r", Le.,..t:! t..'Vf'JttiIJ
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e ,1M ,rU 0(.,,1< "vot..I" ~ fVI'~L.Hl- c.....<'\c(' 0,1. +l..A. _11\ ~te..r ~r.e r<.IIft.;"d
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Ovb' ~"-t- 'tA'""'1>L. _.crt- rl/'tfIo.c-(l..! ("''''A.1. J?VlLf,"'a...fe...
j" T~ C....rr-t,..J c.IMJ.i+,-.,. of tLt c;!u.'c,'It...M.C" t:1.".-e. tIt'~f.....k 4" .,
pr-l.~((r.e /br';,~^o.l r~(jo,{,'^' c,,^"rl(f~^.
h.. "",,,~.,. &-..tt .ff"',{$ I\--e' ~.J....' 'jr",J~ kotCl_r Jv;'Jf~ It 7... . Sp,,.;-tJ
i~ Il.u....-~I $P F fir OF.
1+ r.. lL /-t,.""i,,'.J ~~~ ../1 '7rr....~~---...( ~~I,UJ _,..~t.., 'll.(" La, 1J'^~Jnol,-~A
I ,
Ill'r __ ~...~ u,.,..., U A.S r( Io.l>r<,{- 'rt....e ~ e6_"'<.... i4i rLr ",.y'(hl..e
f:ur +(''-''''''''('") t1f"C1c.;~ ,d """,/(f. IIf (:(;.;'\5<1,....'-1;",., pr-H<-<.lS.
, CITY OF CHANHASS; EN
Please contact me if you have any questions. Thank you. '
MAY Z 6 2006
Minneapolis, MN . Detroit Lakes, MN. Fargo, ND · Bismarck, JljJJf.$NNgf!Jf3;>,S.o..
. www.ulteig.com.....I1/-(IMENT
~
02/24/2006 15:12 FAX 952 361 1229
CARVER CNTY SHERIFF DEPT
I4l 002
:"CARVE,R "Ct:$t4NTY SHER-IFF"g OF'F'lC:E ",' .
','FO'~~OW';UP 'REPORT
':.
r leR: 06005422
Date of Original Report:
Incident:
Date of This Report:
2-23~06
Residential Fire
2-23-06
Owner:
Lawrence Dean V eltkamp,~OB'"
Homeowner ofresidential fire
6724 Lotus Trail, Chauhassen, MN 55317
Address;
Phone:
RENTER'S MENTIONED;
Mentioned:
Address:
Phone:
Kathleen Mary Lindmeyer
6724 Lotus Trail, Chanhassen, MN 55317
unknown
Mentioned/Couple:
Emory Earl Ames, Jr.. I DOB_
Tracy Lynn Surratt, DOB_-
Juvenile Mentioned:
Address:
Phone:
(daughter 0 es Surratt)
6724 Lotus Trail, Chanhassen, MN 55317
Mentioned:
Address
Phone:
Georgia Kay Tiffany~
6724 Lotus Trail, Chanhassen, MN 55317
DETAILS;
1. On 2-23-06 at approximately 1314 hOLlrs, Dispatch put out a call in the
Chanhassen area of a residential fire in the attic area ofa home at 6724 Lotus
Trail. Deputies Jim Gamlin badge #827 and Rian Thiele badge #850 had initially
responded to the call as well as Chanhassen CSO Brett Lawler badge #763. Once
I realized the address listed to a Lawrence Ve1tkamp and the fact that it's been
known that there are a number of reuters that could possibI y be within that
residence. I advised Dispatch that I would be assisting as well. While en route to
the fire scene, I did advise Dispatch that I observed visible smoke above the trees
coming from the vicinity of tbe Veltkamp residence.
2. I had arrived within a couple minutes of the call which was seconds after the
arrival of Deputies Gamli.n and Thiele. I observed Deputy Thiele marking off
area fire hydrants I had gone immediately to the residence where I met with a
female holding a dog later identified as Kathleen Lindmeyer. Ms. Lindmeyer was
shOllting that the homeowner was still inside the house. It should be noted that
the three-story hOllse upon my arrival had a large amount of smoke and visible
flames shooting out of the roof area of the t1:drd level of the home. I then asked
Follow-Up Page 1 of 7
02/24/2006 15:13 FAX 952 361 1229
CARVER CNTY SHER1FF DEPT
14I 003
~~: '.
L
''''
::!~CARVER:'COlJNTY "SHERIFF'$',O'FrICE" " , , ,
...",..,. ..>~6LLOW-UP @EP.,q'RT" "'".., _.......
IICR: 06005422
Ms. Lindmeyer ifthe homeowner was Lawrence Veltkamp and she confirmed
that it was.
3. I then had entered into the residence and found Mr. Veltkal'l1,p inside the m.ain
front glass door and he was attempting to hook up a black residential type garden
hose. I told him that the fire was too big and he needed to get out of the house
and he pleaded for my assistance to try to help him get his hose hooked up so he
could start to put some water on the fire. I then once again told him we needed to
get out of the house, At this point, once the hose was hooked up Mr. Veltkmup
ran up a flight of steps and to the right where I then pursued him. He attempted to
utilize the hose but it was later determined that the hose did not work due to the
possibility of water being frozen in the hose. When Mr. Veltkamp was attempting
to utilize the hose 'We were in what appeared to be a kitchen area as I saw a
ntlmber of kitchen appliances such as a stove, refrigerator, etc.
4. 1 could see tha.t Mr. Veltkamp wa.s standing within feet of a fire up along the
center wall. I observed that fire appeared to be rolling along the ceiling area and
that some of the cei.liug structure was starting to fall down. It should also be
noted at this point that it was hard to breathe and that the smoke had come down,
to about four feet above the ground so I had to duck down just to maintain fresher
air. I then pleaded for Veltkamp to get out of the house as the fire department was
on their. way and they would be best suited to ,fight this fire.
5. We then walked back downstairs where the garden hose was near the front door.
r then went to walk outside however Mr. Veltkamp again tried to plead that he
wanted to save his house. I then had initially told him that ifthere was something
in the immediate area that he wanted to grab that was important to him, let's grab
it and get out. At this point, he then took off and I pursued him around the corner
and down a hallway to a back office area. He stated he wanted to start hauling
some of his equipment out the window and he wanted my assistance in tossing
stuff out. I then advised Mr. Veltkamp that we did not have time for that as the
fire was just above us and the Toid-level was now starting to fill with smoke where
we were at. I could also hear the crackling of the timber as it was burning. I
advised Mr. Veltkamp that if we had time we could put some plastic over the stuff
to protect it from the water damage but we didn1t have that luxury of time.
6. As we then went to leave the residence, Mr. Veltkamp then stated he wanted to
try to find a. plastic tarp to put over his computer. At this point, Dale Gregory
with the fire department had just entered the front door and yelled for everybody
to "Get Out of the House Now!" At this point, J advised Mr. Veltkamp that we
needed to get out and even the fire department was telling us that we can't sta.y
here at this point. It should be noted that r tried to work the best I could with Mr.
Veltkamp. He then agreed and we had exited the horn.e out into the driveway area
where I observed that Dale Gregory was on his portable radio trying to get
equipment and manpower to the fire scene.
Follow-Up Page 2 of 7
02/24/2006 15:13 FAX 952 361 1229
CARVER CNTY SHERIFF DEFT
141004
. ','.
',CARVER":$OUNTY, SHERIF,F',S~;OFFICE' '
::.. ..~6iLLOW;.tj;P 'REPO.:l~T",
.,' ,,,'-
.....:... ....'.
. ~:,
.....
M._. . .
r leR: 06005422
7. It was theo that Mr. Veltkarnp who was obviously very upset was ye1ling~ "Where
is the water? And Where are the fire trucks?.. They need to get here now!" Mr.
Veltkamp then pleaded that he needed one specific computer that had a lot of
important things to him on it. r advised him that once the fire department got here
we would have them go after that computer. I also spoke momentarily with
Veltkamp to insl.tre that there were no people or pets in the residence. I was told
that the only dog that was in the residence was the dog that Ms. Lindmeyer was
holding at the end of the driveway.
8. At this point, Mr. Veltkamp yelled out something that I co'Uldn't tell what he was
sayi.ng and he bolted running back towards the house. Deputy Thiele and. I
pursued him and while purs'uing him Veltkamp grabbed a hold of a gray garbage
container and pulled it down in OUT path in an attempt to trip us up. He then had
gotten into the front door that had a glass front on it as I had described earlier and
he attempted to lock this door. He then pulled an aquarium over. as another object
to block our path. It was at this point that Deputy "Thiele had advised Veltkamp if
he didn't stop that he would tase him. Immediately, I thought although I did not
have a taser in my possession that this would be a very effective tool in
overcoming the resident for his o'.vn safety to stop him rather than to physically
fight with him within the fire scene so r too yelled out that he needed to stop or he
would be tased. It should be noted at this point that the second time that 1 had
gone into the residence, in looking up the stairs where I earlier mentioned where
the garden hose was and the fire was in the kitchen are~ now the fire was visible
from the bottom of the stairs into the living room area as all I could see was fire
rolling along the cei1i.ng area and heavy black smoke filling the second floor level.
9. As I pursued Mr. Veltkamp it was obvious that he was going back to that office
area. It should be noted that to enter the office area there used to be a stairwell
which still existed going to the lower or third level however there was a carpeted
board or plywood that was put across covering the stairwell except for maybe a
couple feet that was exposed or open along tbe right side. As I had rounded the
corner I had observed that Mr. Veltkamp had either fallen into that hole to the
stairwell area or he was trying to evade our capture and was trying to get away
from us by crawling down the lower stairwell area. At this point I did not feel
comfortable in pur.suing Mr. Veltkam.p as the fire was just above our heads at this
point and within the wall next to us. I was uncomfortable also in pursuing Mr.
Veltkamp as I did not want to be in a position where I didn't know the layout of
the house and I wasn't able to exit. I knew that I could just get arO'l.:md the comer
and. back out the front door the way we had come in.
10. Atthis point, both Deputy Thiele and I had exited the house. l personally felt
frustration that I had exited the burning house a second time but this time not with
the homeowner with me. I was contemplating put a call out on my radio to the
fire department with the urgency that they needed to wear their air packs because
Follow-Up Page 3 of.,
02/24/2006 15:13 FAX 952 361 1229
t----- ---
CARvER CNTY SHERIFF DEPT
141005
"" C~RVER'CO,UNTY'SHERIF:F;$':OFF"OE"
".. " F01;~OW~~,P"~EPO:Rr ' " .
I feR: 06005422
r had a homeowner that was very reluctant to leave his home. Before I could get
this message out to the fire department I heard Mr. Veltkamp's voice outside on
the lower third level say "Hey guys, Pm outside of the house, I'm down here"_ It
was at this point that I advised Mr. V eltkamp that he could very well be charged
with some type of an obstructing ch.arge at this point for jeopardizing people lives
to include his own by running back in that house. I then put handcuffs on Mr.
Veltkamp and told him that due to his emotional state he was going to be placed
in the rear 0 f a squad car. I then placed him in the rear 0 f Deputy Gamlin's squad.
At this point with tbe fact that Mr. Veltkamp was safely secured and the fact that
everyone else was out of the house we could focus our attention on getting fire
personnel as well as other resources quickly to the fire scene.
11. While the fire department hooked up their equipmen.t and started to fight the fire I
then contacted my supervisor Sergeant Jim Olson badge #818 and relayed to him
what was taking place within the city of Chanhassen. I also made a phone call to
the on-duty road sergeant Dave Potts badge #819 as well as to the Chief Deputy
Bob V 311denbroeke at the office.
12. When I spoke with Deputy Potts, I requested that he come routine to the scene. I
advised him what had taken place with the homeowner. Once Sergeant Potts had
ani,ved on scene and within a half hour to an hour's time that Mr. Veltkamp was
secured in the back of the squad, I advised Sergeant Potts that I wanted to attempt
to speak with Mr. Veltkamp to see ifhe was calmed down because I preferred to
have released him from the han.dcuffs and from the squad as long as he agreed not
to interfere with the fire fighting efforts and wouldn't make au attempt at going
back into the residence. This was in fact done and he was promptly removed
from the squad. At this point although being obviously upset that his house was
hurnin,g he was very understanding with the fact that we needed to get him out of
the house because he presented a danger to himself and to the officers for having
to pursue him into the house.
13. While he was outsideofthe squad we then learned that there was possibly another
dog and two cats belonging to a renter within the house. This infonnation was
promptly relayed to Fire and they were able to remove a dog and a large green
kennel as well as a cat. At the time of this report later there is still a second cat
missing. It should be noted that the dog and cat that were rescued were
transported by CSO Lawler to be checked for smoke inhalation and tlley are
owned by Georgia Tiffany.
14. While speaking with Mr. Veltkamp> I learned that he had some frustration when
he tried to call 911. He stated that he had some phone company service through, 1
believe, V onage which I understood was something to do with a11 intemet service.
He stated that it took some delay in him getting the message out to the fire
department. Because of the fire apparently he l1ad to relay information to these
people who which in turn then apparently called the fire department. In asking
I=ollow-Up Page 4 of 7
02/24/2006 15:13 FAX 952 361 1229
CARVER CNTY SHERIFF DEPT
I4l 006
',:', :"",' ,CARVER COUNTY SHERIFf':S O"FFJCe' :'''''', ,,',':'
-" -" ' FOLLOW-UPJ,REPORT" ;" :,:::,;, ',., ", '
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I ICR: 06005422
Mr. Veltkamp about the fire and how it may have started, he stated that in the
lower third level he had a fire burning in a fireplace that had a Class A chimney
going out through the roof. He stated that he was burning some old oak that may
have been wet. He stated that he thought the chimney had gotten hot up in the
roof area or the attic area.
15. It was my understanding in speaking with Deputy Gamlin that Mr. Veltkamp was
home alone at the time but when renter Kathleen Llndmeyer came home she
noted the fire alarms sounding and smoke in the residence and she contacted Mr.
Veltkamp. Mr. Veltkamp stated that this was after he had been notified by the
renter this was when he attempted to take a hose from the lower level and started
the water to flow and placed the end of the hose inside of the wood bllIning stove
to try to put the fire out on the bottom end. At the same time he was attempting to
hook up another garden hose to in his opinjon poke a hole up through the ceiling
to spray water up into the roof area.
16. 'While on scene, 1 was approached by a male and female who were carrying a
child I believe less than, one year-old. I identified them as renters Tracy Surratt
and Emory Ames along with their I
learned that they had left at 10:30 a,m. or 10:45 a.m. an' were merely returning
home at this time to get some things done before they wen.t to, their afternoon or
evening jobs when they noted that the house that they rent within was on fire. r
advised the couple that it was best for them to stay warm in their car and that it
would be some time before they could obviously re-enter the house and gather
any of their possessions and the fact that it pr.obably wouldn't occur on today's
date. They did ask some questions about whether or not as renters i.f any of their
items were covered by the homeowner's insurance as they stated that they did not
have renter's insurance themselves. I told them that I did not have an answer for
their question.
17. While on scene besides the Chanhass0n Fire Department I noted four other. fire
departments were assisting they were from Eden Prairie> Chaska> Victoria, and
Excelsior.
18. It was about 1420 hours that I had spoke briefly with one of the fIre personnel and
told them that I was going to pl.Lt a call in through Dispatch to Red Cross due to
the fact that we had five adults including the homeowner and a baby that would
most likely need some emergency assistance. It was later at 1505 hours that Red
Cross workers Bill Standke and Virginia Standke had arrived on scene and started
to speak with the homeowner Lawrence Veltkamp as well as the renter present
Kathleen Undmeyer. A third unknown named Red Cross worker had eventually
arrived on scene and I learned from her that she had contact with Tracy Surratt
and her boyfriend Emory Ames and they and their baby were safe at a friend's
hou.se and they were told to stay there until this Red Cross worker would come
out and meet with them personally.
Follow-Up Page 5 of 1
UZIZ4/ZUUij 15:13 PAX 952 361 1229
CARVER CNTY SHERIFF DEPT
[@ 007
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I ICR: 06005422
19. With the assistance of the Chanhassen CSO Br.ett Lawler, we had obtained
informatiQn off of the dog tag about the ovvner of the animals Georgia Tiffany.
We had trouble trying to locate her as Lawrence Veltkamp and the other renters
did not know much about her and where she worked. I was able to speak with her
m,other at a phone number through ,the dog tags and learned that her daughter
worked at Pro-Tech in Chanbassen. I.was then able to get a hold of Ms. Tiffany
and advised her that there had been a fire at her rental property and tha.t we were
able to rescue a dog and a cat however one cat was still m.issing, I then requested
that she come to the scene so that she could meet with the Red Cross work.ers
which she did in fact do.
20. While on scene. it should be noted that Larry Baer from the Chauh.assen Villager
who also assists the Chanhassen Fire Department with photos was on scene and I
had gi.ven him permission to shoot as many photos as he could from a safe
distance from all angles ofthe residence as the firefighters attempted to put the
flIe out. He later advised me that any photos would be available after a couple of
days from him which I in fact thanked him for taking the photos.
21. Eventually while on location 1 spoke with Sergeant Dave Potts and he asked if I
would stay on scene until the fire department cleared. It should be noted that,
althou.gh u.nderstandable, Mr. Veltkamp attempted to cross under the yellow tape
on a couple of occasions as he wanted to gain entry into his residence while fire
personnel was still putting out some hotspots aJld while Investigators were
investigating the source of the fire. I along with Detective Pat Mmphy asked that
he please assist with staying out ofthe danger zone by not entering his home.
22. Investigators on scene were Detective Pat Murphy badge #859, Detective Jo1m
Bramwell badge #867 as well as Chanhassen Fire Marshals Mark Litfin and Ed
Coppersmith.
23. Numerous media representatives had arrived on scene and they were directed to
contact our office to speak with Chief Deputy Bob Vandenbroeke for any press
release information. I did assist the media by going through the Assistant
Chanhassen Fire Chief Randy Wahl to find a spokesperson from the fire
department to speak with the media personnel that were waiting on scene for a
statement. Chanhassen Fire Marshal Mark Litfin was then assigned to speak with
the media.
24. In conclusion, I then remained on scene for security until approximately 1830
hours when the last of the fire personnel and Investigators had left the scene with
the house perimeter secured merely with yellow Sheriff's crime scene tape. Prior
to our leaving, Detective Murphy did request that :Mr. Veltkamp who was still on
scene not enter into the home for safety's sake until tomorrow's date an.d then he
should enter with preferably a representative with his insurance company.
Follow-Up Page 6 of 7
02/24/2006 15:14 FAX 952 361 1229
CARVER CNTY SHERIFF DEPT
(41 008
. .. '" . .....
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'CARVER: COUNTY SHERIFF'S 'OFFICE
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I ICR: 06005422
25. This should end this report at this time with no further information.
Evidence Type / Location: None
End of Report
Deputy Keith Walgrave #841
2-24-06 jdc
Follow-Up Page 7 of 7
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
June 8, 2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota;
that on said date she caused to be mailed a copy of the attached notice of Public Hearing for
Loren Veltkamp Variance - Planning Case 06-25 to the persons named on attached Exhibit
"A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing
the envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
1}~
Subscribed and sworn to before me
this <6.\-"'- day of .ju..~ , 2006.
~'~~
' l JYV\, \ . J.--L-LUU~
- Notary Publi
KIM t MEUWISSEN I
Nota~ PubliC-Minnesota
My CommIssion Expires Jan 31, 2010
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ldusLal<e
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one, This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference pUllloses only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other pUlllose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features, If errors or discrepancies are found please contact 952-227-1107,
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466,03, Subd, 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all ciaims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the use~s access or use of
data provided,
ldusWe
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one. This
map is a compilation of records, information and data located in various city, county, state and federal
Offices and other sources regarding the area shown, and is to be used for reference pUllloses only,
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other pUIllOSe requiring exacting measurement of distance or direction or precision in
the depiction of geographic features. If errors or discrepancies are found please contact 952-227-1107,
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466,03, Subd, 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the user's access or use of
data provided,
THEODORE J KOL TES &
JOHN E LONGSTREET
6630 MOHAWK DR
CHANHASSEN , MN 55317 -9553
STATE OF MINNESOTA IN TRUST
C/O CARVER COUNTY AUDITOR
600 4TH ST E
CHASKA , MN 55318 -2102
MARTHA NYGREN
6650 LOTUS TRL
CHANHASSEN . MN 55317 -9575
KEITH J & PATRICIA F GUNDERSON
6661 MOHAWK DR
CHANHASSEN , MN 55317 -9546
CHRIS J & CYNTHIA K ANDERSON
6680 LOTUS TRL
CHANHASSEN . MN 55317 -9575
DONALD & SIGFRID SENNES
6680 MOHAWK DR
CHANHASSEN , MN 55317 -9546
MATTHEW J TIBBETTS &
ELIZABETH J TIBBETTS
6699 MOHAWK DR
CHANHASSEN ,MN 55317 -9546
BRUCE ROBERT JOHANSSON
6701 MOHAWK DR
CHANHASSEN . MN 55317 -9431
STEVEN K OIEN
6780 LOTUS TRL
CHANHASSEN . MN 55317 -8573
MICHAEL F & BARBARA A COYLE
757 CARVER BEACH RD
CHANHASSEN . MN 55317 -9422
GERMAN 0 SEGURA-GOMEZ
750 CARVER BEACH RD
CHANHASSEN. MN 55317 -9422
STEVEN K & BONNIE JO OIEN
6780 LOTUS TRL
CHANHASSEN , MN 55317 -8573
KIRSTEN ANNE PAULY
751 CARVER BEACH RD
CHANHASSEN , MN 55317 -9422
ROYAL & DORIS MARTIN
TRUSTEES OF TRUST
6650 PAWNEE DR
CHANHASSEN , MN 55317 -9430
JOAN L WRIGHT
6640 LOTUS TRL
CHANHASSEN , MN 55317 -9536
ERIC J MEESTER
6610 MOHAWK DR
CHANHASSEN . MN 55317 -9553
SCOTT V ISAACSON
6640 MOHAWK DR
CHANHASSEN . MN 55317 -9546
JAMES & CONSTANCE BOESHANS
6651 PAWNEE DR
CHANHASSEN . MN 55317 -9530
LEONID SILlNKER &
DIANE SEYMOUR
6687 DEERWOOD DR
CHANHASSEN . MN 55317 -9425
MARK & AMY SENNES
6689 PAWNEE DR
CHANHASSEN . MN 55317 -9430
RUTH E LUNDE
6721 HOPI RD
CHANHASSEN . MN 55317 -9427
FEDERAL NATL MTGE ASSN
ONE S WACKER DR
SUITE 3100
CHICAGO, IL 60606 -4696
LARRY L & MARY E BARRETT
6741 HOPI RD
CHANHASSEN . MN 55317 -9427
TIMOTHY C & LORNA L GORNY
800 CARVER BEACH RD
CHANHASSEN , MN 55317 -9432
JONAS C & EMILY S STARITA
6728 LOTUS TRL
CHANHASSEN . MN 55317 -8573
ELIZABETH A WALL
TRUSTEE OF E A WALL TRUST
PO BOX 1299
JULIAN. CA 92036 -1299
STANLEY ROBERT CRONISTER
6730 LOTUS TRL
CHANHASSEN . MN 55317 -8573
MELVIN G HERRMANN
795 CARVER BEACH RD
CHANHASSEN ,MN 55317 -9422
JACOB D & ELIZABETH G WOESE
777 CARVER BEACH RD
CHANHASSEN . MN 55317 -9422
JEFFERY A KING &
JODY COLLIS KING
767 CARVER BEACH RD
CHANHASSEN . MN 55317 -9422
DENNIS D KRUMSIEG
760 CREE DR
CHANHASSEN , MN 55317 -9464
MIKE BUENTING &
SHANNON WAGGONER
6800 RINGO DR
CHANHASSEN , MN 55317 -9558
GILBERT W & SHERRY L SIEVERS
746 CARVER BEACH RD
CHANHASSEN , MN 55317 -9422
CARVER BEACH PROPERTIES
C/O ADRIAN JOHNSON
332 2ND ST
EXCELSIOR, MN 55331 -1806
DANIEL T RUTLEDGE
6711 HOPI RD
CHANHASSEN , MN 55317 -9427
WILLIAM HARLEY WOLFE &
SHARON BETH HANSON
6699 HOPI RD
CHANHASSEN , MN 55317 -9426
BRUCE R JOHANSSON
6711 MOHAWK DR
CHANHASSEN ,MN 55317 -9431
MICHAEL A & ROBBIE WOITALLA
6712 HOPI RD
CHANHASSEN , MN 55317 -9427
ERNEST F PIVEC
5060 MEADVILLE ST
EXCELSIOR, MN 55331 -8788
GREGORY J CARLSON &
KATHLEEN M NYGAARD
760 CARVER BEACH RD
CHANHASSEN, MN 55317 -9422
MARTIN P & AMY E JENSEN
770 CREE DR
CHANHASSEN , MN 55317 -9464
GERAL YN J HAYDEN
749 CARVER BEACH RD
CHANHASSEN , MN 55317 -9422
Public Hearing Notification Area (500 feet)
Veltkamp Variance
Planning Case No. 06-25
6724 Lotus Trail
City of Chanhassen
CITY OF CHANHASSEN
AFFIDA VIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on July
6,2006, the duly qualified and acting Deputy Clerk of the City of Chanhassen, Minnesota; that
on said date she caused to be mailed a copy of the attached notice of Public Hearing for Loren
Veltkamp Variance - Planning Case 06-25 to the persons named on attached Exhibit "A", by
enclosing a copy of said notice in an envelope addressed to such owner, and depositing the
envelopes addressed to all such owners in the United States mail with postage fully prepaid
thereon; that the names and addresses of such owners were those appearing as such by the
records of the County Treasurer, Carver County, Minnesota, and by other appropriate records.
~
--'
Subscribed and sw.9+P to before me
this ~ day of ~u. kJ , 2006.
/
KIM T. MEUWISSEN i
Notary Public-Minnesota
My Commission Expires Jan 31, 2010 ,
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ldus Ulke
Disclaimer
This map is neither a legally recorded map nor a sUlvey and is not intended to be used as one, This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only,
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features, If errors or discrepancies are found please contact 952.227-1107.
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466,03, Subd, 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressiy
waives all claims, and agrees to defend, indemnify, and hoid harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the user's access or use of
data provided,
ldusUlke
Disclaimer
This map is neither a legally recorded map nor a survey and is not intended to be used as one, This
map is a compilation of records, information and data located in various city, county, state and federal
offices and other sources regarding the area shown, and is to be used for reference purposes only.
The City does not warrant that the Geographic Information System (GIS) Data used to prepare this
map are error free, and the City does not represent that the GIS Data can be used for navigational,
tracking or any other purpose requiring exacting measurement of distance or direction or precision in
the depiction of geographic features, If errors or discrepancies are found please contact 952-227-1107,
The preceding disclaimer is provided pursuant to Minnesota Statutes 9466,03, Subd, 21 (2000), and
the user of this map acknowledges that the City shall not be liable for any damages, and expressly
waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims
brought by User, its employees or agents, or third parties which arise out of the use~s access or use of
data provided.
THEODORE J KOL TES &
JOHN E LONGSTREET
6630 MOHAWK DR
CHANHASSEN ,MN 55317 -9553
STATE OF MINNESOTA IN TRUST
C/O CARVER COUNTY AUDITOR
600 4TH ST E
CHASKA, MN 55318 -2102
MARTHA NYGREN
6650 LOTUS TRL
CHANHASSEN , MN 55317 -9575
KEITH J & PATRICIA F GUNDERSON
6661 MOHAWK DR
CHANHASSEN , MN 55317 -9546
CHRIS J & CYNTHIA K ANDERSON
6680 LOTUS TRL
CHANHASSEN , MN 55317 -9575
DONALD & SIGFRID SENNES
6680 MOHAWK DR
CHANHASSEN , MN 55317 -9546
MATTHEW J TIBBETTS &
ELIZABETH J TIBBETTS
6699 MOHAWK DR
CHANHASSEN , MN 55317 -9546
BRUCE ROBERT JOHANSSON
6701 MOHAWK DR
CHANHASSEN , MN 55317 -9431
STEVEN K OIEN
6780 LOTUS TRL
CHANHASSEN . MN 55317 -8573
MICHAEL F & BARBARA A COYLE
757 CARVER BEACH RD
CHANHASSEN . MN 55317 -9422
GERMAN D SEGURA-GOMEZ
750 CARVER BEACH RD
CHANHASSEN , MN 55317 -9422
STEVEN K & BONNIE JO OIEN
6780 LOTUS TRL
CHANHASSEN , MN 55317 -8573
KIRSTEN ANNE PAULY
751 CARVER BEACH RD
CHANHASSEN , MN 55317 -9422
ROYAL & DORIS MARTIN
TRUSTEES OF TRUST
6650 PAWNEE DR
CHANHASSEN , MN 55317 -9430
JOAN L WRIGHT
6640 LOTUS TRL
CHANHASSEN , MN 55317 -9536
ERIC J MEESTER
6610 MOHAWK DR
CHANHASSEN , MN 55317 -9553
SCOTT V ISAACSON
6640 MOHAWK DR
CHANHASSEN , MN 55317 -9546
JAMES & CONSTANCE BOESHANS
6651 PAWNEE DR
CHANHASSEN , MN 55317 -9530
LEONID SILlNKER &
DIANE SEYMOUR
6687 DEERWOOD DR
CHANHASSEN , MN 55317 -9425
MARK & AMY SENNES
6689 PAWNEE DR
CHANHASSEN , MN 55317 -9430
RUTH E LUNDE
6721 HOPI RD
CHANHASSEN . MN 55317 -9427
FEDERAL NATL MTGE ASSN
ONE S WACKER DR
SUITE 3100
CHICAGO, IL 60606 -4696
LARRY L & MARY E BARRETT
6741 HOPI RD
CHANHASSEN , MN 55317 -9427
TIMOTHY C & LORNA L GORNY
800 CARVER BEACH RD
CHANHASSEN . MN 55317 -9432
JONAS C & EMILY S STARITA
6728 LOTUS TRL
CHANHASSEN , MN 55317 -8573
ELIZABETH A WALL
TRUSTEE OF E A WALL TRUST
PO BOX 1299
JULIAN, CA 92036 -1299
STANLEY ROBERT CRONISTER
6730 LOTUS TRL
CHANHASSEN , MN 55317 -8573
MELVIN G HERRMANN
795 CARVER BEACH RD
CHANHASSEN ,MN 55317 -9422
JACOB D & ELIZABETH G WOESE
777 CARVER BEACH RD
CHANHASSEN , MN 55317 -9422
JEFFERY A KING &
JODY COLLIS KING
767 CARVER BEACH RD
CHANHASSEN , MN 55317 -9422
DENNIS D KRUMSIEG
760 CREE DR
CHANHASSEN . MN 55317 -9464
MIKE BUENTING &
SHANNON WAGGONER
6800 RINGO DR
CHANHASSEN . MN 55317 -9558
GILBERT W & SHERRY L SIEVERS
746 CARVER BEACH RD
CHANHASSEN . MN 55317 -9422
CARVER BEACH PROPERTIES
C/O ADRIAN JOHNSON
332 2ND ST
EXCELSIOR. MN 55331 -1806
DANIEL T RUTLEDGE
6711 HOPI RD
CHANHASSEN . MN 55317 -9427
WILLIAM HARLEY WOLFE &
SHARON BETH HANSON
6699 HOPI RD
CHANHASSEN . MN 55317 -9426
BRUCE R JOHANSSON
6711 MOHAWK DR
CHANHASSEN . MN 55317 -9431
MICHAEL A & ROBBIE WOITALLA
6712 HOPI RD
CHANHASSEN . MN 55317 -9427
ERNEST F PIVEC
5060 MEADVILLE ST
EXCELSIOR. MN 55331 -8788
GREGORY J CARLSON &
KATHLEEN M NYGAARD
760 CARVER BEACH RD
CHANHASSEN . MN 55317 -9422
MARTIN P & AMY E JENSEN
770 CREE DR
CHANHASSEN . MN 55317 -9464
GERALYN J HAYDEN
749 CARVER BEACH RD
CHANHASSEN , MN 55317 -9422
Public Hearing Notification Area (500 feet)
Veltkamp Variance
Planning Case No. 06-25
6724 Lotus Trail
City of Chanhassen
Planning Commission Meeting - June 20, 2006
Larson: I'll give it a shot. Planning Commission, staff. Okay is this what I'm supposed to read?
Planning Commission, the staff recommends that the Planning Commission adopt the following
motion. The Planning Commission denies the variance for a 22 foot yard setback for an existing
four stall garage and relief from the 1,000 square foot detached access structure restriction in a
single family residential district at 3891 West 62nd Street based on the findings of fact in the staff
report and the following, 1 through 3. Planning Commission orders the applicant to demolish
and permanently remove three storage buildings. That's it? Okay.
McDonald: Do I have a second?
Keefe: Second.
Larson moved, Keefe seconded that the Planning Commission denies the variance for a 22
foot front yard setback for an existing four-stall garage and relief from the 1,000 square
foot detached accessory structure restriction in the Single Family Residential (RSF)
District at 3891 West 62nd Street, based on the findings of fact in the staff report and the
following:
1. The applicant has not demonstrated a hardship.
2. The applicant has reasonable use of the property.
3. The applicant will be able to continue the non-conforming agricultural use without the
three storage buildings which were constructed without building permits.
The Planning Commission orders the applicant to demolish and permanently remove the three
storage buildings.
All voted in favor and the motion carried unanimously with a vote of 6 to O.
McDonald: What I need to tell the applicant is that you have the ability to appeal. Please don't
forget this time.. . and good luck. Thank you.
PUBLIC HEARING:
LOREN VEL TKAMP: VARIANCE REQUEST FOR RELIEF FROM 30 FOOT FRONT
YARD SETBACK REQUIREMENT FOR THE EXPANSION OF SECOND LEVEL OF
HOME WITH NON-CONFORMING SETBACKS. TWO SETBACK VARIANCES
WILL BE REQIDRED BECAUSE THE PROPERTY IS A CORNER LOT. THE SITE IS
LOCATED IN THE SINGLE FAMILY RESIDENTIAL (RSF) DISTRICT AT 6724
LOTUS TRAIL. PLANNING CASE 06-25.
60
Planning Commission Meeting - June 20, 2006
Public Present:
Name
Address
Sig & Don Sennes
Pat & Keith Gunderson
Jeff King
Bruce Johansson
Jim Boeshans
Mike Henderson
Shelly Berg
6680 Mohawk Drive
6661 Mohawk Drive
767 Carver Beach Road
6701 Mohawk Drive
6651 Pawnee Drive
6701 Mohawk Drive
6701 Mohawk Drive
Josh Metzer presented the staff report on this item.
McDonald: Before you go on there, I've got a question. If you're saying that he was renting,
what's the City's position on that? Ifthis is rental property with apartments within it, what's the
code? Is he supposed to have a license?
Generous: He would need a rental license.
McDonald: And at this point he does not have one.
Metzer: Correct.
McDonald: And I take it that is in dispute between the City and the applicant as to whether or
not he was renting.
Metzer: Correct. Staff is however recommending approval of the request. We feel that by
recommending approval of this variance we'll be able to better enforce ordinances on the
property. And so we have some conditions of approval attached in the staff report and I'd be
happy to answer any questions you have.
McDonald: Dan.
Keefe: Can you explain how granting a variance will help to be able to enforce?
Metzer: It's mainly the condition that they'd be required to get a rental license. Kind of allow us
to restrict parking in the area. Things like that.
Keefe: And so, you can't do that without getting the variance?
Metzer: From what we've been told, no. It was just.
Keefe: It was just conditions of approval, conditions of approval for reconstruction? For
expansIOn.
61
Planning Commission Meeting - June 20, 2006
Metzer: Of the second level.
Keefe: Would incorporate certain conditions which would restrict the use of the building.
Metzer: Right, and would not allow the kitchen on the second level. Restrict it to two kitchens
with the home.
Keefe: And the City cannot control the uses in the building without?
Metzer: Without that condition of approval, right.
Keefe: Okay.
Dillon: What's the status of the building today?
Metzer: They have received a permit to rebuild what they had, without the proposed addition.
So they're in the process of re-building the roof right now.
Dillon: Is it inhabited?
Metzer: I don't believe so. It shouldn't be.
McDonald: Debbie. Kurt.
Papke: Yeah, I've got a couple. On page 3 of the staff report, you mentioned that in the building
permit history here there were two building permits issued and that they were issued in error.
Could you shed some light on that? What was?
Metzer: It was basically, there must have been confusion on the setback to the north, that paper
street. Requires a 30 foot setback. My only guess is that, whichever staff members approved the
permits were under the impression that it was a 10 foot setback to that.
Papke: Okay. The other question was, we're attaching a couple conditions here and Ijust want
to make sure I'm clear how they line up with city code. So the hard surface coverage is clear.
Four vehicles parked outdoors at all times. Where does that, is this part of city code for rental
property? For single family residential. Where does that, how does that line up with city code.
Metzer: It was my understanding that you know it's the intention but not to allow the property to
become you know a humongous rental property. And it was thought that by limiting the number
of vehicles you park in the driveway.
Papke: Is there a limit for residential single family?
Metzer: There's not.
Papke: Okay. And how about, the same question about the two licensed dogs.
62
Planning Commission Meeting - June 20, 2006
Metzer: It's just to make sure that.
Papke: Is there a restriction for residential single family for how many dogs you can have
without a kennel permit?
Metzer: Yes.
Papke: What is it?
Generous: If you have more than 2.
Papke: More than 2, okay. So this one is basically in keeping with city code whereas the
number of parked cars there we're actually restricting the applicant to something tighter than
existing city code for residential single family. With sort of the tacit assumption that it's rental
property and okay. Got it.
McDonald: I have a question for you. Okay, this is a non-conforming use and to approve this
we're going to intensify a non-conforming use. And the reason we want to do that is that we're
able to put some restrictions on his use.
Papke: Correct.
McDonald: Whereas if we denied this and said that what he's allowed to do by law is to replace
what was currently there, then he doesn't get the second story addition. And then we're back to
okay, no rental license but can't city code enforce that if he is renting without a license?
Metzer: Well part of it was the.
McDonald: You'll get your opportunity sir. We're just asking questions.
Metzer: Part of it was the sheriff's report that was taken when the home was burnt down.
Tenants.. . stating that they were renting. Sheriff's report said that there was at least three family
units living there.
McDonald: Three kitchens, that would make sense.
Metzer: So, and as we were going with, by doing this we can disallow a third kitchen. We can
restrict parking space, or number of parked vehicles. Which in turn would I believe restrict
number of renters.
Papke: How are we normally, kind of a follow up question. How would we, if in normal
circumstance we found that someone was renting out, you know most of their house to, as rental
units. How would we normally get compliance for a rental license? How would we normally
enforce that under those circumstances?
63
Planning Commission Meeting - June 20, 2006
Metzer: I'm not totally familiar with it
Generous: It's through the building department. They have a rental license inspection
requirement and licensing requirement, so they would go in and determine that the units
complied with all building and safety code.
Papke: And how would we determine that indeed this was a rental property?
Generous: Through investigation. Either the applicant admits that they're renting the property
or the tenant admits that they're renting the property. Or you know we see an advertisement in
the paper, things like that. If someone can say no, I don't. These are my roommates and, then
the issue becomes how do you disprove that because the burden of proof is on the city.
Papke: Okay.
Larson: Is it, the gentleman that was here before when they had the rental for the care keeper
for his daughter. I somehow remember there was something that there is a restriction on how
many people can rent in a certain.
Metzer: That was for use of a single family home as a two family home.
Larson: Okay. So this is a completely different?
Generous: Right.
Larson: It's a single family home rented by several family units...
Metzer: Rent is allowed as long as a rental license is you know in place and is applied for.
Larson: Okay. So there's no restriction on the amount of family units that can be within a single
building?
Generous: Theoretically.
Larson: Okay.
McDonald: Okay, I guess the problem I'm having with all of this is that, we've got a non-
conforming use. We just had a non-conforming use case. We turned that down because of the
way the code and everything is written. Now you're coming before us, you're asking us to
approve something that we just turned down and I'm at a loss to see what the advantage is
because again, you know we just went through all this with Mr. Carlson about what he's offering
to do and the compromises, back and forth. I don't see yet why I should do this. I haven't heard
anything actually from staff that would convince me, and that's what I'm looking for. Why are
you in favor of this?
Metzer: It's like we said, the requirement of the rental license.
64
Planning Commission Meeting - June 20, 2006
McDonald: Okay but again you have city code to do that. You can enforce that. I understand
the problem of yes, the burden of proof is upon the city but I mean at some point it would seem
pretty easy to prove that if you have so many people going in and out, they all can't be living
there for free. I'm just, I'm at a loss. You've got to help me here to show where we're really
getting an advantage here.
Dillon: Yeah, if you take the rental thing off the table, would you say to approve this? Given
your recommendation on the previous two variances.
Metzer: Just allowing the kitchen on the third level and restrict the number of parking spaces.
The number of parked vehicles outside. And that was part of the reason that the driveway
became so large we believe is to allow for parking spaces.
Larson: So you'd allow two kitchens, but not three?
Metzer: Right.
McDonald: Well if he rebuilds though, does he get to go back to three kitchens and the wide
driveway? I mean if we don't approve this. He is allowed to rebuild the non-conforming
because of the fire. Does he get the three kitchens back and the driveway if we were to disallow
this?
Metzer: Well he doesn't get the driveway, no. I mean he doesn't get the 25%. He has to reduce
25%. Part of that was the reason the driveway became so big we believe is because of the
parking spaces. They need parking spaces.
McDonald: Okay, and again the third kitchen was built without permits, so wouldn't he have to
get permits to build a kitchen if he wanted to, even if it's non-conforming, it was there before, it
was there illegally.
Metzer: Right.
Generous: It depends.
McDonald: Okay, so he would still be limited to two kitchens.
Metzer: Right.
McDonald: Okay. I'm having trouble seeing where if we disallow it, we're gaining anything
but, are you the applicant sir?
Loren Veltkamp: Yes I am.
McDonald: Why don't you come forward and you can, I'll give you your turn and then we'll ask
you questions.
65
Planning Commission Meeting - June 20, 2006
Loren Veltkamp: I can clarify a lot of this very quickly. These issues came up about 5 years ago
when I started to work on this house and we did spend a lot of time. Oh, my name is Loren
Veltkamp. 6724 Lotus Trail. I've lived there for about 15 years and during the time I've added
a lot to the house. And I did this all without a variance and after my divorce I was deemed
handicapped by the court and I was not able to make a regular living due to certain problems.
But anyway I resorted to renting my home out and we got into this with the city over a long
period of time and it, this was before Josh was hired by the City, and we went through it with a
number of people and it went all the way up to the city attorney and I eventually got a letter from
the city attorney saying that I did not have rental units. And this is what I said from the
beginning, you know I have a single family home. It's a very nice home, and I don't want rental
units. I don't want to have apartments or a triplex or a duplex or anything like that. I've never
set out to do this, and the problem we got into was that the code defining what an apartment is, is
a little vague. You know it says if you have 5 particular amenities, like cooking. A place to eat,
sleeping, a bathroom and a living space, those 5 things, then you have an apartment. Okay, but it
also says you have to have a separate unit, okay, and that's where it was determined that I did not
have apartments because they were not separate okay, and that there was no door between them.
There was certainly no locking door, so it never became a definable, rentable space. And it's
confusing, I was very confused about this for a long time, and I ended up writing an 8 page letter
to City Council about this, which I believe they still have and you can look at it. I call these,
instead of a rental unit, I called it a mila which stood for mother-in-law apartment. And that's
what I thought I was building was just mother-in-law apartments that extended families could
use in the future, and roommates can use today. And so that's what I set out to build and the
kitchen for example, I did get, I didn't exactly get a permit to build a kitchen but I included the
kitchen on my plan and because I put a bathroom up there, the kitchen was included under the
plumbing permit. And the kitchen was thoroughly inspected and approved and my house was
visited 5 times on 5 separate occasions by city inspectors. Five different times now they went
through my house from top to bottom to determine that there were not apartments in this
building. And that's exactly what I wanted from the beginning. I don't want apartments, but I
needed to have people live with me in order to afford the house because I just, there's just no
way I can stay there. So I think maybe they cut me some slack you know because of the
handicap thing. I'm thinking that's what they might have done. And I did have trouble you
know when I built the house writing in the plans you know, I changed the plans as I went. They
started off just building a garage and then I got up on top of the garage and I said this is really
nice living space so I built a room up there. And then I extended it into the house and then I put
in a bathroom and it was all done kind of piecemeal, and I changed the windows three times and
I did this over a number of years, which is why the records and I submitted hand drawings on
some of the stuff and I believe some of it was lost. You know some of it was just misplaced, but
in the end everything I did was you know rigorously inspected and I had all the paperwork for
that. I pulled all the necessary permits and even the city attorney spent a great deal of time
looking into this. And it is a complicated issue. You know the difference between an apartment
and having roommates, and especially when you have the five amenities but you don't have
significant separation of the units. So I was totally confused about it, and I don't blame other
people for being confused about it too. But I didn't do anything without a permit, and I didn't do
anything without a permit and you know the work is not all perfect and all that stuff. I did a lot
of it myself but I was thoroughly inspected and we had this all set. I did have roommates in my
66
Planning Commission Meeting - June 20, 2006
house and you know we went on this way for 5 years you know and it's been fine. And I'd like
to continue it just the way it was. With a couple little alterations but I think that the city after
some time made the right decision you know. And everything I think has been pretty good, and I
would just like to continue it. This variance request is not really born out of hardship. You
know what actually happened here is that the roof burned off and I had some builders come over
and say you know, what do I do you know, and they said why are you building out over the
garage when you should be building out over your house, you know. Because then you can stack
the bathrooms and you can put the storage over the garage and everything is much cleaner and
neater and you know more economical. So for purely practical reasons I said well, maybe I
should apply for this variance you know. I'm not going to get another chance to do it so. This is
probably the right thing to do for a house. I'll give it a shot. And in terms of hardship, you
know I'm not going to exaggerate hardship here. There's a certain amount of hardship in having
a poorly designed house and paying more utilities because things are spread out more and this
kind of thing, and I suppose over the life of the house that probably goes into the tens of
thousands of dollars. There is some hardship here with having a poorly designed house, that
kind of thing but it's nothing that we can't understand. It's pretty clear. So there is some
hardship here and there is some opportunity here and I basically just want to build the house a
little differently. I don't want to add square feet or anything like that. I don't want to add
anything to bother anybody here. By just cleaning up the design of the house a little bit, and
make it a little more livable and get things where they belong and put in a different heat system
and things like that, then you know I'm good to go.
McDonald: Okay. Any questions? Kurt?
Keefe: I've got a question in regards to, you know locating the kitchen on the second level, if
you were to grant this variance, you're okay with that?
Loren Veltkamp: Actually I can't survive in the house with that because the roommates that I
had used the kitchen, and I used it too. The kitchens were a common area as the City
determined. When you have roommates the City, you know they...hard and fast ordinance was
the City wrote me a letter saying that bedrooms in this situation are private, okay. You can't
have people walking into other people's bedrooms. So they're considered private. All of the
areas are common. Are held in common. So anybody can walk into anybody's kitchen or you
know into any of the living areas or decks or you know, I had everything in the house. I mean
hot tub and spa and everything, and everybody, exercise room. You know just everything that
anybody would want almost. We had large screen TV's and entertainment rooms and it was
wonderful. And people loved it and all the people that lived there as part of the fire losing stuff,
they all want to come back you know. They all signed six month sub leases and they all want to
come back in August. And I said I'll do whatever I can to get you back you know. So it's a
happy family. It's more like an extended family than a bunch of you know rental units. I mean I
don't even like rental dwellings. I wouldn't even have a rental if it was up to me. Roommates is
the only way to go. But that's the state of things today. But I want to emphasize that we went
through a great deal of trouble talking about this 5 years ago and it was all agreed and
determined in writing and cleared up finally. And now, since the fire, this whole issue has just
exploded again. You know and it's because we got new people working the city and the reason
they told us very little and you know the people before that didn't read them that literally. And
67
Planning Commission Meeting - June 20, 2006
there's another issue here that I need to bring up and this is even weirder. I've been in this house
for 15 years you know working on it and I've had I think 5 surveys done on this house in the
time that I've lived there. After the fire my survey was done again by the same guy for I think
maybe the eighth time, and it was rejected 4 times because he couldn't get it right. You know I
agreed with staff that it wasn't really done right. It's crazy but in spite of all this, I still don't
even know which way my house is facing. I've been there 15 years and I don't know which way
my house is facing. It used to face south and the driveway went south and the front door went
south and there was a paper road out there that's going to be developed, which was the fastest
way out of the, you know away from the lake there. And also the guy that owned by lot owns
another lot which was on this road you know going out so the house originally had defined
setbacks. You know it was 30 feet, 10 and 10, which was the way that they did things back then.
But now the city decides Lotus is the main road, and they have new setbacks you know. 30 and
30 and 15 and 15 on the sides. This just kills me you know. If my house had burned, it's a very
serious problem. If my house had burned for another 10 minutes, I would have been past the
50% destruction level, and I would have lost everything. This scared the bejeebies out of me you
know. I totaled up what my loses would have been, and I would have lost a half a million
dollars. That's what I would have lost after I got all my insurance and everything else. Just
because of that one code. I had no idea that code existed. So I think the city's got to look at this
a little more carefully because people don't have insurance for their house and the lot in case
they can't ever rebuild it. You know I certainly can't. So that's a side issue but getting back to
this more important issue of which way we're facing. I talked to some lawyers about this and
they felt, both lawyers felt that the city really shouldn't be imposing these setbacks on me
because they're the ones who changed the street, okay. If I had built it wrong, it'd be another
issue but since the City changed the street there and then changed the setback in such a way that
I no longer have a buildable lot. I've got literally a 10 foot strip down the middle of my lot that
is buildable. Which is of course not buildable. So they said that this is land grabbing.. . You
know not intentional land grabbing but land grabbing just the same because you know the city
can change the streets any time and then change the variances any time and people like me,
completely unaware have a calamity in their lives and we end up losing everything. So I think if
this went to court, I think a jury of my peers might have a little trouble with that you know. I
think this needs to be researched. I don't know what the answer is but it doesn't seem right to
me you know that a person can lose their lot just because the city changes which road is you
know going to service their land. So that's a very basic issue in this case, which is still
unresolved. And the lawyers want is the $300 an hour to research it, and I thought well maybe
they just want my money you know. I don't know. But that's an issue and hope we can look at
that further. And I would specifically request, you know I say it all the time but I'm very pro
roommates for the city. I don't like apartments. I like roommates and I think it's a good thing. I
put this in my letter to the City Council. I think it's a good thing for people to have roommates
because if you fall ill or you know the kids need more of a house, or you have some other
calamity, roommates can come in and give you the extra money to keep your house, which is
what happened in my case. I was able to keep the house and finish the house and develop the
house and I think that's a good thing for me and the roommates seem to like it too, and we were
able to do it with, you know right in front ofthe eyes of the city and work this out, you know.
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Undestad: I've just got one question for you; He keeps going back to the rental thing and rental
units. What issue are there that, I mean if you want to put the three kitchens and things in there,
what issues do you have with the city and. . .
Loren Veltkamp: ... you know there's the 5 amenities that make an apartment. Obviously they
don't like having tenants in my house. They've never, you know they never liked that. They
think it's apartments you know.
Undestad: But getting a rental license, you wouldn't do that?
Loren Veltkamp: I got a rental license. That's another funny thing. I applied for a rental license
and then they determined that I didn't need a rental license because I don't have apartments you
see. So I put my, I gave my money and I never got my money back. You know they still have
my money but I don't have a license because I don't need one. I said screw it okay. I'm happy.
And I don't have more than 2 dogs either. I don't know why that comes up you know. And the
driveway, you know staff implied that the driveway was built to accommodate renters but the
driveway was built before I was even divorced and the fact is we had two snowmobiles. A large
boat. A motorcycle and two cars and we needed the driveway just to turn the boat around
because there was no parking on Lotus Trail so.
Undestad: You mentioned you might you know, this might need more research or might need
more time. That may very. . .
Loren Veltkamp: The code's about rent, you know apartments versus roommates. They need to
be re-written because I've been through this twice now. And it's gone on for, I think this is the
sixth year now that this has been an issue, and we had it quiet for 2 years.
Dillon: We're not going to do that here tonight though.
Loren Veltkamp: I know. I know but it's vague you know and it's just a little too vague. And to
me the key issue with an apartment is a locking door, you know. If you've got a locking door
and the people are renting that space and controlling that space, that's an apartment regardless of
whether it has 2 toilets or 3 toilets and whatever.
McDonald: Well I guess we're getting a little bit off par here but I do have a question for staff
but I, the purpose of all this is so you can bring roommates back in.
Loren Veltkamp: No, not at all. I can bring the roommates back anyway, and they all, they do
want to come back and the only reason I have applied for a variance is to make the house more
livable and it's cleaner. It's a better design and it's cheaper to build per square footage, and it's
just more practical for me to do it that way. It's really just a matter of practicality. Now whether
impracticality equals a hardship, you know a certain amount of screwed up design. For example,
in the old house the storage was through a person's bedroom. Okay, but under the city code you
know that bedroom was a private bedroom so I couldn't go into my storage you know without
getting written consent you know, so this is an impracticality. So I said.
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Planning Commission Meeting - June 20, 2006
McDonald: Well, before you go on with that, I mean that brings up a question and I don't think
we have an answer for it but I do have a question for staff. I know in the City of Minneapolis in
a situation such as this, this is viewed as a boarding house. You take a residence and you let
people have the bedrooms and you have the common areas and those things. Do we have a
comparable ordinance that would deal with boarding houses? I mean it seems as though he's
being treated as an apartment. Yeah, maybe he's not an apartment house but it's definitely a
boarding house.
Metzer: I think that's been part of the problem in the past years is the definition of what's what.
I don't know if it's finding ways around the definitions or what but.
McDonald: Well I guess I'd like to see something there because I'm sorry, I'm still having a
problem with all of this. It all comes down to the fact that you're asking for a variance and I'm
just not sure why I'm doing this and I need to know something there. After telling two other
gentlemen that sorry, you have to tear it down or pull it up and you know, both of them are
saying a great financial hardships. Understanding you've got one too but I would just like to
know what's going on so I would like staff to do something. I'd like to know what's, if all we
have is an ordinance for rental, for apartments, then he's probably got a point. If we view this as
a boarding house, which is different, then is there something else that he falls under?
Loren Veltkamp: The staff has repeatedly told me that they like roommates. They want to
encourage roommates. Roommates are fine but you've got to stay within the line.
McDonald: Well I understand that and that's perfectly fine. That's why I say, what you've got
is a boarding house. That's the rules of a boarding house. It's not apartments. You've got the
common areas. I've seen a lot of these in Minneapolis.
Loren Veltkamp: I don't know what a boarding house is so I can't.
McDonald: Well you've got one. Yeah, you meet the definition and that's what I want to find
out is you know, does the City address a boarding house differently than it does an apartment.
And that's something to look at because what you're defining and what you're saying is going on
is the same thing that goes on in downtown Minneapolis, around the University. A lot of people
take their homes, the old homes down there. They convert them into boarding houses. They rent
them out to students. They rent them out to individuals. They have the common areas the City
of Minneapolis, also because of the fire 3 or 4 years ago where a couple students were killed,
started cracking down on boarding houses. That they do fall under an ordinance. There are
requirements.
Loren Veltkamp: Are the owners living in these houses with the students?
McDonald: Huh?
Loren Veltkamp: Are the owners living in the houses?
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Planning Commission Meeting - June 20, 2006
McDonald: In some cases they were. In some cases they weren't, and that's what creates the
problem, and that's why I'd like to know what it is you've got. Maybe at that point it does
justify the variance. But if staff can't answer that right now, one ofthe things I would ask him to
do is come up with something.
Papke: Would you accept a motion to table this?
McDonald: I would accept a motion to table this.
Papke: Mr. Chair, I'll make a motion that we table this application until we can come back with
something that clearly delineates the legal ramifications here and doesn't attempt to enforce
something that seems to be ill defined by granting a variance.
Dillon: Second.
Loren Veltkamp: Can I make one small request?
McDonald: Well first of all let us vote on the motion.
Papke moved, Dillon seconded that the Planning Commission table the variance request for
6724 Lotus Trail, Planning Case 06-25, until staff can come back with something that
clearly delineates the legal ramifications and doesn't attempt to enforce something that
seems to be ill defined by granting a variance. All voted in favor and the motion carried
unanimously with a vote of 6 to O.
McDonald: Did you wish to add something?
Loren Veltkamp: I would like to just put a rush on it because my house is getting rained on
every day. I don't have a roof you know.
McDonald: I understand that and staff is under certain constraints. It will be dealt with in an
expeditious fashion. I'm sure that they will contact you about, we will, what is the time? Can
we come back on the calendar at our next?
Generous: Yeah, the next one unfortunately, our next scheduled meeting will be the 4th.
Loren Veltkamp: I just can't wait that long. I, you know, I'm under a certain time limits on the
insurance company. They only pay for me to be out of the house for a certain period of time,
you know. I mean it's a hardship for me to drag this out. I've got people lined up to work on the
house. I've got a roof.
Papke: Can you proceed with reconstructing under your current?
Loren Veltkamp: I can do what I can. Put the roof over the garage and did some second story
decking. You know we've got tarps up. Our tarps have ripped off again with this last you know
deluge we had and. I would just like to rush it.
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Planning Commission Meeting - June 20, 2006
McDonald: Yeah, well we'll have it back by the 18th. And that's about 3 weeks away. In the
meantime, if this goes up before us for a vote, I'm afraid you'll be turned down and you're still
looking at going before City Council. Nothing is going to happen before then anyway so at least
by doing this, I think we're only throwing maybe a 2 week delay into anything. It's just, this
doesn't make sense and I cannot in good faith vote for it after denial of two other variances.
Unless there is a compelling reason to do so, and I just haven't heard it tonight. Okay, with that
then we will move on to the next agenda item.
Resident: Excuse me. Will we get notification of the July 18th meeting because we're all
waiting to see?
Generous: I can send out a notice.
McDonald: Yep. Notices will be sent out again. I apologize for everybody coming in but I'm
afraid at this point we just don't have enough information. And that's part of what we're going
to try to do is unconfuse all of this so that everybody understands what's going on and we do
finally make a recommendation that makes sense to everybody. So I appreciate everyone
coming in. I understand the late hour and everything, but thanks very much and thank you for
your patience and I'm sorry if this is going to cause any kind of a hardship but again, as I said to
the gentlemen, two before, financial burden is not something that we can look at. We have
certain rules to follow and without this making sense within those rules, we can't vote. So we
will adjourn with that.
APPROVAL OF MINUTES: Commissioner Larson noted the verbatim and summary
minutes of the Planning Commission meeting dated June 6, 2006 as presented.
Chairman McDonald adjourned the Planning Commission meeting at 11:10 p.m.
Submitted by Kate Aanenson
Community Development Director
Prepared by Nann Opheim
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